5 7 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 7, 2007, in the Public
Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski,
City Manager Van Milligen; Assistant City Attorney O’brien, and Assistant City Attorney
Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called for
the purpose of reviewing such matters which may properly come before the Council.
Invocation was provided by Mayor Buol.
Swearing-In of Mayor Pro-Tem Patricia Cline.
PROCLAMATIONS
Bike Safety Month (May 2007) was accepted by Cindy Temperly; National Tourism Month
(May 2007) was accepted by Sue Czeshinski; Nursing Home Month (May 2007) was accepted
by Barbara Barker; and Iowa School Board Recognition Week (May 13-19, 2007) was
accepted by Larry Loeppke and Otto Krueger from Dubuque Community Schools and Steve
Cornelius from Holy Family Schools.
CONSENT ITEMS
Motion by Cline to receive, file, refer to staff, approve and adopt resolutions as indicated.
Seconded by Lynch. Michalski requested that (#16) Designated Signatories – Federal Transit
Administration Documents, and (#36) Citizen Communications be held for separate discussion.
Connors requested that (#37) Home Builders Association of Iowa be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/10; Cable TV
Teleprogramming Commission of 2/6; City Council of 4/16; Civil Service Commission of 3/28
and 4/5; Environmental Stewardship Advisory Commission of 4/3; Historic Preservation
Commission of 4/19; Investment Oversight Advisory Commission of 4/25; Proofs of publication
of City Council Proceedings of April 2 and 16, 2007; Investment Oversight Advisory
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Commission 54 Quarterly Report, upon motion received and filed.
Notice of Claims/Suits: Jeffrey A. and Dianne Brimeyer for property damage; Allen G.
Gloeckner for property damage; Linda M. Loney for property damage; Nationalwide Advantage
Mortgage Company vs. City of Dubuque Housing Services Department, et al; Ken and Billie
Rolwes for property damages; Martha Schmid for vehicle damage, upon motion received, filed,
and concurred.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allen C. Gloeckner for
property damage; Alan and Margaret Jones for vehicle damage; Doris Kinsella for personal
injury; Ken and Billie Rolwes for property damage; Martha Schmid for vehicle damage. City
Attorney recommending that the claim of David A. Jones for vehicle damage be referred to
MSA Professional Services, Inc., for consideration, upon motion received, filed, and concurred.
Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending
approval of a new Cooperative Traffic Paint and Pavement Markings Agreement between the
City of Dubuque and County of Dubuque. Upon motion the documents were received and filed
and Resolution No. 236-07 Approving Traffic Paint and Pavement Markings Agreement
between the City of Dubuque and Dubuque County was adopted.
RESOLUTION NO. 236-07
APPROVING TRAFFIC PAINT AND PAVEMENT MARKINGS AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND DUBUQUE COUNTY
Whereas, jurisdiction over certain roadways in Dubuque County is divided down the
centerline between Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa, and Dubuque County, Iowa, agree that painting of
pavement markings divided down roadway centerlines is not cost efficient or practical; and
Whereas, the City of Dubuque is willing to perform traffic paint and pavement marking
operations on portions of roadways located in Dubuque county, specifically, Old Highway
Road, Cousins Road, Peru Road, Seippel Road, and John F. Kennedy Road; and
Whereas, Dubuque County is willing to perform traffic paint and pavement marking
operations on portions of roadway located in the city of Dubuque, specifically, English Mill
Road, Cottingham Road, North Cascade Road, Riverside Road, Lake Eleanor Road, Middle
Road, and Derby Grange Road; and
Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an
agreement regarding the traffic paint and pavement markings on these roadways.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque hereby approves and directs the
Mayor to sign the attached Traffic Paint and Pavement Markings Agreement with Dubuque
County for traffic paint and pavement markings on said roadways.
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Passed, adopted and approved this 7 day of May 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Grade Crossings – Jones Street and Fifth Street: City Manager recommending approval of
the State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements between the
Chicago, Central & Pacific Railroad, Iowa Department of Transportation and the City of
Dubuque for the Jones Street and Fifth Street grade crossings. Upon motion the documents
were received and filed and Resolution No. 237-07 Approving State of Iowa Federal-Aid Grade
Crossing Surface Repair Agreements for the construction of surface improvements at the
railroad crossings located at Fifth Street (Agreement A18138) and Jones Street (Agreement
A18139) was adopted.
RESOLUTION NO. 237-07
APPROVING STATE OF IOWA FEDERAL-AID GRADE CROSSING SURFACE REPAIR
AGREEMENTS FOR THE CONSTRUCTION OF SURFACE IMPROVEMENTS AT THE
RAILROAD CROSSINGS LOCATED AT FIFTH STREET (AGREEMENT A18138) AND
JONES STREET (AGREEMENT A18139)
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Whereas, the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and
City of Dubuque have agreed to enter into a Federal-Aid Grade Surface Repair Agreements for
the construction of surface improvements at the railroad crossings located at Fifth Street and
Jones Street; and
Whereas, the Iowa Department of Transportation has developed a Grade Crossing Surface
Repair Force Account Agreement (A18138) dated February 7, 2007, outlining the terms and
conditions between the Chicago, Central & Pacific Railroad and the City for the construction of
surface improvements at the railroad crossing at Fifth Street is being granted; and
Whereas, the Iowa Department of Transportation have developed a Grade Crossing
Surface Repair Force Account Agreement (A18139) dated February 7, 2007, outlining the
terms and conditions between the Chicago, Central & Pacific Railroad and the City for the
construction of surface improvements at the railroad crossing at Jones Street is being granted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grade Crossing Repair Force Account Agreement (A18138) between
the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and the City of
Dubuque is hereby approved for the construction of surface improvements at the railroad
crossing located at Fifth Street.
Section 2. That the Grade Crossing Repair Force Account Agreement (A18139) between
the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and the City of
Dubuque is hereby approved for the construction of surface improvements at the railroad
crossing located at Jones Street.
Section 3. That the Mayor be authorized and directed to execute three copies of said Grade
Crossing Repair Force Account Agreements (A18138 and A18139).
Section 4. Whereas the City has a Railroad Crossing At-Grade Improvements CIP budgeted
in FY08 and FY09 to cover the matching funds for said improvements.
Section 5. That a certified copy of the resolution be submitted to Chicago, Central and &
Pacific Railroad Company and to Iowa Department of Transportation by the City Clerk of the
City of Dubuque.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
HUD Lead Paint Hazard Control Grant: City Manager recommending approval of the
submission of an application to the US Department of Housing and Urban Development for
continuation of the Lead-Based Paint Hazard Prevention Program, upon motion the documents
were received, filed, and approved.
Acceptance of Sanitary Sewer Lift Station in Arbor Estates: City Manager recommending
acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, LLC, recently
completed in Arbor Estates – Phase 3. Upon motion the documents were received and filed
and Resolution No. 238-07 Accepting sanitary sewer lift station in Arbor Estates – Phase 3 was
adopted.
RESOLUTION NO. 238-07
ACCEPTING SANITARY SEWER LIFT STATION IN ARBOR ESTATES - PHASE 3
Whereas, pursuant to Resolution 450-05, certain public improvements including a sanitary
sewer lift station were installed by the developer of Arbor Estates – Phase 3; and
Whereas, the sanitary sewer lift station has been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed in
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accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the sanitary sewer lift station be accepted by the
City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said sanitary
sewer lift station in Arbor Estates – Phase 3 be and the same is hereby accepted.
Section 2. That maintenance of said lift station shall be the responsibility of the contractor
and the owner for a period of two years from this date.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Washington Court Second Addition: City Manager recommending approval of the plat of
survey of Washington Court Second Addition. Upon motion the documents were received and
filed and Resolution No. 239-07 Approving plat of survey describing the proposed
consolidation of lots owned by the City of Dubuque and Washington Court, LP to be known as
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Washington Court 2 Addition was adopted.
RESOLUTION NO. 239-07
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 19 day of April, 2007, prepared by Buesing & Associates, describing the proposed
consolidation of lots owned by the City of Dubuque and Washington Court, LP to be known as
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Washington Court 2 Addition; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plated dated the 19 day of April, 2007, prepared by Buesing &
Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
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Dubuque, Iowa, over and across the westerly 20 feet of Washington Court 2 Addition as
shown on said Plat.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Demolition of Property at 598 Central Avenue: Historic Preservation Commission
recommending City Council approval of a request to demolish the building at 598 Central
Avenue. Upon motion the documents were received, filed, and approved.
Demolition of Property at 1051 White Street: Historic Preservation Commission
recommending City Council approval of a request to demolish the building at 1051 White
Street. Upon motion the documents were received, filed, and approved.
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Unified Development Code Sign Review Advisory Committee: City Manager recommending
approval of the appointment of Joe LoBianco and Tom Culbertson to the Unified Development
Code Sign Review Advisory Committee. Upon motion the documents were received, filed, and
approved.
The Durrant Group – CEBA Contract: City Manager recommending approval of the
execution of a CEBA Loan Agreement in the amount of $50,000 and an Enterprise Zone
Funding Agreement to support The Durrant Group’s expansion project in the Port of Dubuque.
Upon motion the documents were received and filed and Resolution No. 240-07 Authorizing
the execution of a Community Economic Betterment Account Loan Agreement and an
Enterprise Zone Funding Agreement for Fifty Thousand Dollars ($50,000) with the Durrant
Group, Inc. was adopted.
RESOLUTION NO. 240-07
A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN AGREEMENT AND AN ENTERPRISE ZONE FUNDING
AGREEMENT FOR FIFTY THOUSAND DOLLARS ($50,000) WITH THE DURRANT
GROUP, INC.
Whereas, the Community Economic Betterment Account (CEBA) program has been created
by the Iowa Department of Economic Development to assist in the economic development
efforts of local jurisdictions; and
Whereas, on January 11, 2007, the City of Dubuque, Iowa was awarded a twenty-five
thousand dollar ($25,000) loan, twenty-five thousand dollar ($25,000) forgivable loan from the
CEBA program and Enterprise Zone Benefits by the Iowa Department of Economic
Development; and
Whereas, the City of Dubuque, Iowa desires to assist The Durrant Group, Inc. in its efforts
to expand its operations in Dubuque and create new, permanent employment opportunities for
local citizens; and
Whereas, a CEBA Loan Agreement and Enterprise Zone Funding Agreement, hereto
attached and by this reference made a part hereof, is to be executed by and among the Iowa
Department of Economic Development, the City of Dubuque and The Durrant Group, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized and directed to endorse, on behalf of the
City Council of the City of Dubuque, Iowa, the attached CEBA Loan/Forgivable Loan
Agreement, Promissory Note and Enterprise Zone Agreement.
Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to
The Durrant Group, Inc. from the CEBA program in accordance with the terms and conditions
of the executed Agreement.
Passed, approved and adopted this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cottingham and Butler – CEBA Contract: City Manager recommending approval of the
execution of a CEBA Loan Agreement in the amount of $300,000 and an Enterprise Zone
Funding Agreement to support Cottingham and Butler’s expansion project in downtown
Dubuque. Upon motion the documents were received and filed and Resolution No. 241-07
Authorizing the execution of a Community Economic Betterment Account Loan Agreement and
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an Enterprise Zone Funding Agreement for Three Hundred Thousand Dollars ($300,000) with
Cottingham and Butler, Inc. was adopted.
RESOLUTION NO. 241-07
A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN AGREEMENT AND AN ENTERPRISE ZONE FUNDING
AGREEMENT FOR THREE HUNDRED THOUSAND DOLLARS ($300,000) WITH THE
COTTINGHAM AND BUTLER, INC.
Whereas, the Community Economic Betterment Account (CEBA) program has been created
by the Iowa Department of Economic Development to assist in the economic development
efforts of local jurisdictions; and
Whereas, on October 19, 2006, the City of Dubuque, Iowa was awarded a one hundred fifty
thousand dollar ($150,000) loan, one hundred fifty thousand dollar ($150,000) forgivable loan
from the CEBA program and Enterprise Zone Benefits by the Iowa Department of Economic
Development; and
Whereas, the City of Dubuque, Iowa desires to assist Cottingham and Butler, Inc. in its
efforts to expand its operations in Dubuque and create new, permanent employment
opportunities for local citizens; and
Whereas, a CEBA Loan Agreement and Enterprise Zone Funding Agreement, hereto
attached and by this reference made a part hereof, is to be executed by and among the Iowa
Department of Economic Development, the City of Dubuque and Cottingham and Butler, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized and directed to endorse, on behalf of the
City Council of the City of Dubuque, Iowa, the attached CEBA Loan/Forgivable Loan
Agreement, Promissory Notes and Enterprise Zone Agreement.
Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to
Cottingham and Butler, Inc. from the CEBA program in accordance with the terms and
conditions of the executed Agreement.
Passed, approved and adopted this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Purchase of Property – 511-513 Rhomberg Avenue: City Manager recommending approval
of the purchase of a duplex residential dwelling for $92,000 located at 511-513 Rhomberg
Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration
Project. Upon motion the documents were received and filed and Resolution No. 242-07
Approving the acquisition of real estate located at 511-513 Rhomberg Avenue in the City of
Dubuque was adopted.
RESOLUTION NO. 242-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 511-
513 RHOMBERG AVENUE, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the seventeenth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lots 12 and 13 in High Street Subdivision in the City of Dubuque, Iowa
according to the recorded plat thereof together with any easements and servient estates
appurtenant thereto, but with such reservations and exceptions of title as may be below stated,
and certain personal property if and as may be herein described or if and an itemized list is
attached hereto and marked Exhibit A” all upon the terms and conditions following.
At the cost of Ninety two thousand dollars ($92,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved, and adopted this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Asbury Voluntary Annexation: Notification from Steven R. McCann, City Development
Board, advising that the matter of the City of Asbury Voluntary Annexation, including non-
consenting owners within the urban area of the City of Dubuque, will be considered by the City
Development Board on May 9, 2007. Upon motion the documents were received and filed.
Designated Signatories – Federal Transit Administration Documents: City Manager
recommending approval of an Authorizing Resolution designating the Mayor and the General
Manager of KeyLine Transit as the authorized signatories to execute and file all Federal Transit
Administration documents on behalf of the City of Dubuque. Motion by Michalski to receive,
file, and adopt Resolution No. 243-07 Authorizing the filing of an application with the Federal
Transit Administration, an Operating Administration of the United States Department of
Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter 53, Title
23 United States Code and other Federal statutes administered by the Federal Transit
Administration. Seconded by Connors. Michalski said this distances City Council from control
over important issues so Keyline must keep the Council up to date. Motion carried 7-0.
RESOLUTION NO. 243-07
RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL
TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION
ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES
CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT
ADMINISTRATION.
WHEREAS, the Federal Transportation Administrator has been delegated authority to
award Federal financial assistance for a transportation project;
WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose
certain obligations upon the Applicant, and may require the Applicant to provide the local share
of the project cost;
WHEREAS, the Applicant has or will provide all annual certifications and assurances to the
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Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA,
AS FOLLOWS:
Section 1. The Mayor of the City of Dubuque or his/her designee (i.e. Transit Division
Manager for KeyLine) is authorized to execute and file application for Federal assistance on
behalf of (Legal Name of Applicant) with the Federal Transit Administration for Federal
Assistance authorized by 49.U.S.C. Chapter 53, Title 23, United States Code, or other Federal
statutes authorizing a project administered by the Federal Transit Administration.
Section 2. The Mayor of the City of Dubuque or his/her designee (i.e. Transit Division
Manager for KeyLine) is authorized to execute and file with its application the annual
certification and assurances and other documents the Federal Transportation Administration
requires before awarding a Federal assistance grant or cooperative agreement.
Section 3. The Mayor of the City of Dubuque or his/her designee (i.e. Transit Division
Manager for KeyLine)is hereby authorized and directed to execute said grant and cooperative
agreements with the Federal Transit Administration on behalf of the City of Dubuque and the
City Clerk is authorized and directed to attest his signature.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Equipment Operator II, Engineering Technician and Sanitation Driver. Upon motion
the documents were received, filed, and made a matter of record.
Five Flags Center Fiscal Year 2008 Budget: City Manager recommending approval of the
Fiscal Year 2008 budget for the Five Flags Civic Center. Upon motion the documents were
received, filed, and approved.
Purchase of Play Equipment for Lincoln School: City Manager recommending approval of
the purchase of play equipment from Boland Recreation in the amount of $64,900 to be placed
at Lincoln School. Upon motion the documents were received, filed, and approved.
Walter Development/Kendall-Hunt Assignment of Right to Purchase: City Manager
recommending approval of a request from Walter Development/Kendall-Hunt of the
assignment of its right to purchase property in the Dubuque Industrial Center West Seventh
Addition to Dubuque Bank & Trust Company. Upon motion the documents were received, filed,
and approved.
Legislative Communication: Communication to State Representatives Pam Jochum and Pat
Murphy requesting that they consider sponsoring an amendment to the Economics
Appropriations bill to include funding to support the statewide labor-management program.
Upon motion the documents were received and filed.
Notice of Intent to Request Release of Funds – Fiscal Year 2008 CDBG Programs: City
Manager recommending approval of the publication of a Notice of Intent to Request Release of
Funds for Community Development Block Grant (CDBG) program activities. Upon motion the
documents were received and filed and Resolution No. 244-07 Authorizing publication of a
Notice of Intent to Request Release of Funds for certain Community Development Block Grant
Projects for Fiscal Year 2008 (Program Year 2007) was adopted.
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RESOLUTION NO. 244-07
A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST
RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECTS FOR FISCAL YEAR 2008 (PROGRAM YEAR 2007)
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year
commencing July 1, 2007, with the U.S. Department of Housing and Urban Development,
providing for financial assistance to the City under Title I of the Housing and Community
Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of
Housing and Urban Development, an environmental review has been processed for the
hereinafter listed projects to be financed with Community Development Block Grant funds; and
Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by
regular mail to various tribal, federal, state and local public agencies; to the appropriate
Regional Office of the Environmental Protection Agency, to the HUD Field Office and to the
local news media, individuals and groups known to be interested and believed to be
appropriate to receive such a notice; and
Whereas, any and all comments received as a result of such notice will be duly considered
before proceeding with a Request for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice
of Intent to Request Release of Funds for the following identified projects and to make the
Environmental Review Record for said projects available for public inspection and comment
until 5:00 p.m. on May 21, 2007. Such notice shall be in the form of Exhibit "A" attached hereto
and made a part hereof.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2008 (Program Year 2007)
Housing Programs: First Time Home Buyer Program; Historic Preservation Rehab Grant;
Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential
Rehabilitation Loan Program; Sewer Connection Loan); Housing Administration Services and
Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff;
Purchase/Rehabilitation/ Resale; Rental Unit Rehabilitation (Emergency Code Enforcement
Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single
Room Occupancy Rehab);
Neighborhood and Community Development Programs: Accessible Curb Ramps; Child
Care Resource and Referral; Community Partnership Program (cp2); Dubuque Dispute
Resolution Center; Information and Referral Service; Leadership Training; Neighborhood
Development Services and Staff; Neighborhood Support Grants; Neighborhood Infrastructure
Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program;
Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Senior Center;
Washington Tool Library; Zoning Inspection/ Enforcement;
Economic Development Programs: Commercial/Industrial Building Rehab; Economic
Development Financial Assistance Program; Economic Development Program Services and
Staff;
Planning and Administration: CDBG Administration Services and Staff; Finance Services
and Staff; City Planning Services; Planning Administration.
No funds will be committed prior to completion of a review for other related laws of 24 CFR
58.5, including Section 106, for site-specific projects that are currently unidentified.
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Section 2. That the environmental review record for each of the projects shall be placed on
file in the Office of the Housing and Community Development Department, 1805 Central,
Dubuque Iowa where said record may be examined and copied by any interested party.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and Urban Development seven (7) days after
publication of appropriate notice a Request for Release of Funds to undertake the said
projects.
Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume
the status of a responsible federal official under the National Environmental Protection Act,
insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban
Development responsibilities for review, decision making, and action assumed and carried out
by the City of Dubuque as to environmental issues.
Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to
environmental review, decision-making and action.
Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and
directed to execute a Request for Release of Funds and Certification.
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Passed, approved and adopted this 7 day of May 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Keystone Area Education Agency I-Net User Agreements: City Manager recommending
approval of the Institutional Network User Agreement between the City of Dubuque and
Keystone AEA. Upon motion the documents were received, filed, and approved.
2007 – 2008 Deer Management Plan: City Manager recommending that the Urban Deer
Management Program be continued for the 2007-2008 hunting season. Upon motion the
documents were received, filed, and approved.
Administrative Services Agreement: City Manager recommending approval of an
amendment to the Administrative Services Agreement between the City and Express Scripts,
Inc. through June 30, 2010. Upon motion the documents were received, filed, and approved.
Claims Audit for the Third Party Administrator for Health Insurance Plan: City Manager
recommending approval to retain Gallagher Benefit Services to assist the City with a Request
for Proposal for claims auditing services and an optional claims office operational review. Upon
motion the documents were received, filed, and approved.
Fiscal Year 2008 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees: City Manager recommending approval of the Fiscal Year 2008 Wage Plan and
Compensation Package for Non-Bargaining Unit employees. Upon motion the documents were
received and filed and Resolution No. 245-07 Approving the Wage Plan and Compensation
Package for Non-Bargaining Unit Employees for Fiscal Year 2008 was adopted.
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RESOLUTION NO. 245-07
APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON-
BARGAINING UNIT EMPLOYEES FOR FISCAL YEAR 2008
Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for
Non-bargaining Unit General Employee classifications and the Non-bargaining Unit Wage Plan
for Non-assigned classifications be increased by 3% across-the-board effective July 1, 2007
except that there will be no wage increase on July 1, 2007 for the classifications of Mayor, City
Council Members, Concessions Worker – On-call, Concessions Stocker – On-call, Pro Shop
Attendant – On-call and Starter – Seasonal.
Whereas, the City Council provides a compensation package to Non-bargaining Unit
employees similar to the compensation package to be received by Bargaining Unit employees;
and
Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with
the wage increase to be received by employees represented by the Police Association, Transit
Union, Teamsters Union and Operating Engineers Union bargaining units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Non-bargaining Unit Wage Plan for General Employees and the Non-
bargaining Unit Wage Plan for Non-assigned classifications is hereby approved.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Quarterly Investment Report: City Manager submitting the March 31, 2007, Quarterly
Investment Report. Upon motion the documents were received and filed.
Request for Proposals – Water Meter Reading Services Consultant: City Manager
recommending approval of the issuance of a Request for Proposal (RFP) for Water Meter
Reading Consultant Services. Upon motion the documents were received, filed, and approved.
Iowa/Locust Street Parking Ramp Restoration Project: City Manager recommending
acceptance of the Parking Ramp Restoration Project as completed by Brent Anderson
Associates in the final contract amount of $949,087.80 and payment of the retainage. Upon
motion the documents were received and filed and Resolution No. 246-07 Accepting the
Iowa/Locust Street Parking Ramp Restoration Project and authorizing the payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 246-07
ACCEPTING THE IOWA/LOCUST STREET PARKING RAMP RESTORATION PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Iowa/Locust Street Parking Ramp
Restoration Project (the Project) has been completed and the City Engineer has examined the
work and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
11
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the General
Obligation Bond Proceeds and the Parking Construction Fund CIP appropriation for the
contract amount of $949,087.80 less any retained percentage provided for therein as provided
in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code chapter 573.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Results of Facility Plan RFP and Interviews: City Manager recommending approval of the
selection of Strand and Associates to work with the City in the development of the Water
Pollution Control Plant Facility Plan at an estimated cost of $85,000. Upon motion the
documents were received, filed, and approved.
City Hall Parking Lot Reconstruction Project: City Manager recommending award of the
contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction, Inc., in
the amount of $607,607.00. Upon motion the documents were received and filed and
Resolution No. 247-07 Awarding public improvement contract for the City Hall Parking Lot
Reconstruction Project to Portzen Construction was adopted.
RESOLUTION NO. 247-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CITY HALL PARKING LOT
RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the City Hall Parking Lot
Reconstruction Project (the Project) pursuant to Resolution No. 167-07 and Notice to Bidders
rd
published in a newspaper published in the City of Dubuque, Iowa on the 23 day of March,
2007.
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Whereas, said sealed proposals were opened and read on the 26 day of April, 2007 and it
has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of
$607,607.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Portzen
Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2007 Asphalt Paving Program: City Manager recommending award of the contract for the
2007 Asphalt Paving Project to Mathy Construction Company in the amount of $695,470. Upon
motion the documents were received and filed and Resolution No. 248-07 Awarding public
improvement contract for the 2007 Asphalt Paving Project to Mathy Construction Company
was adopted.
12
RESOLUTION NO. 248-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2007 ASPHALT PAVING
PROGRAM
Whereas, sealed proposals have been submitted by contractors for the 2007 Asphalt
Paving Program (the Project) pursuant to Resolution No. 183-07 and Notice to Bidders
th
published in a newspaper published in the City of Dubuque, Iowa on the 6 day of April, 2007.
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Whereas, said sealed proposals were opened and read on the 26 day of April, 2007 and it
has been determined that River City Paving, a Division of Mathy Construction Co. of Dubuque,
Iowa, with a bid in the amount of $734,864.53, is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River City Paving,
a Division of Mathy Construction Co. and the City Manager is hereby directed to execute a
Public Improvement Contract on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager
recommending award of the contract for the Downtown Streetlight and Traffic Signalization
Pole Painting Project to Alan Jackson Tuckpointing, Inc., in the amount of $46,571. Upon
motion the documents were received and filed and Resolution No. 249-07 Awarding public
improvement contract for the Downtown Streetlight and Traffic Signalization Pole Painting
Project to Alan Jackson Tuckpointing, Inc., was adopted.
RESOLUTION NO. 249-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DOWNTOWN STREETLIGHT
& TRAFFIC SIGNALIZATION POLE PAINTING PROJECT
Whereas, sealed proposals have been submitted by contractors for the Downtown
Streetlight & Traffic Signalization Pole Painting Project (the Project) pursuant to Resolution No.
186-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
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on the 6 day of April, 2007.
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Whereas, said sealed proposals were opened and read on the 26 day of April, 2007, and it
has been determined that Alan Jackson Tuckpointing, Inc. of Bellevue, Iowa, with a bid in the
amount of $46,571.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Alan Jackson
Tuckpointing, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
City Hall Third Floor Office Expansion Project: City Manager recommending award of the
contract for the City Hall Third Floor Office Expansion Project to Klauer Development
Corporation in the amount of $62,696. Upon motion the documents were received and filed
and Resolution No. 250-07 Awarding public improvement contract for the City Hall Third Floor
13
Office Expansion Project to Klauer Development Corporation was adopted.
RESOLUTION NO. 250-07
RD
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 3 FLOOR OFFICE
EXPANSION PROJECT – DUBUQUE CITY HALL
rd
Whereas, sealed competitive quotations have been submitted by contractors for the 3
Floor Office Expansion Project – Dubuque City Hall (the Project); and
th
Whereas, said sealed competitive quotations were opened and read on the 27 day of April,
2007 and it has been determined that Klauer Development Corporation of Dubuque, Iowa, with
a quotation of $62,696.00, is the lowest responsive, responsible quotation for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Klauer
Development Corporation and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Citizen Communications: Communication from Dean Rampson, 670 Cleveland Street,
regarding his application for financial assistance for the University Avenue Reconstruction
Project assessment being denied.
Communication from David H. Parrett, 9349 April Lynne Court, regarding the initiative to
make Dubuque a “green” community and suggesting that codes regarding the use of geo-
thermal air conditioning and heating be established.
nd
Communication from Fred and Tari Beeler, 3019 West 32 Street, and Wayne Maiers, 3016
ndnd
West 32 Street, requesting that the property located at 3015 West 32 Street not be allowed
to continue as a daycare center. Motion by Michalski to receive and file the documents and
refer to the City Manager. Seconded by Connors. Michalski said staff should report back to
Council as appropriate. Motion carried 7-0
Home Builders Association of Iowa: Communication from A. Schmidt, Home Builders
Flora
Association of Iowa, encouraging the City to pass a Storm Water Post Construction Ordinance,
which is in compliance with the Federal Clean Water Act NPDES requirements. Motion by
Connors to receive and file the documents and refer to the City Manager. Seconded by Lynch.
Connors asked that this be brought back to Council for consideration. Motion carried 7-0.
Agreement with Area Residential Care: City Manager recommending approval of an
agreement with Area Residential Care, Inc., Vocational Services to pick up trash at the skate
park, Allison-Henderson, Comiskey and Bunker Hill. Upon motion the documents were
received, filed, and approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval for funding
from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were
received, filed, and approved.
th
Improvement Contracts / Performance, Payment and Maintenance Bonds -- West 5 Street
(Alpine – Hill) Reconstruction Project: Upon motion the documents were received and filed.
14
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 251-07
Granting the issuance of a Class B Beer Permit to Pizza Ranch and Class C Beer Permit to
Casey’s General Store – 2699 Rockdale, Casey’s General Store – 4003 Peru Road, Paro Food
Mart, Ron’s Discount Smokes, Oky Doky #2, Beecher Beverage, and Oky Doky #1, and
Resolution No. 252-07 Granting the issuance of a Class A Liquor License to Dubuque Golf and
Country Club; Class B Liquor License to Julien Inn; Class C Beer/Liquor License to Clarke
College, Shot Tower Inn, Loras College, Corner Tap, Busted Lift, Tott’s Tap, and Bartinis;
Special Class C Liquor License to Chuck-n-Jo’s; Special Class C Liquor License (5-Day
Special Event) to Music n More and Dubuque Jaycees; and Class B Wine Permit to Beecher
Beverage, Oky Doky #1, and Oky Doky #2 were adopted.
RESOLUTION NO. 251-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
Ryme DBQ Inc.Pizza Ranch+(Sunday Sale)2020 Radford Rd
CLASS “C” BEER PERMIT
Casey’s Marketing Company Casey’s General Store #2420+(Sunday Sale) 2699 Rockdale
Casey’s Marketing Company Casey’s General Store #2420+(Sunday Sale) 4003 Peru Rd
Sahajanand Enterprises Paro Food Mart+(Sunday Sale) 3200 Central Ave.
RKM LLC Ron’s Discount Smks&Bever.+(Sunday Sale) 1450 Loras Blvd
nd
TFM Co. Oky Doky # 2+(Sunday Sale) 51 W. 32 St
Beecher Co. Inc Beecher Beverage+(Sunday Sale) 1691 Asbury Rd
TFM Co. Oky Doky # 1+(Sunday Sale) 250 W. 1st St
Passed, approved and adopted this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 252-07
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “A” LIQUOR LICENSE
DBQ Golf & Country Club DBQ Golf & Country Club+(Sunday/Outdoor 1800 Randall Pl
Sale)
15
CLASS “B” LIQUOR LICENSE
Design Center Inc Julien Inn+(Outdoor Sale) 200 Main St
CLASS “C” BEER/LIQUOR LICENSE
Clark College of DBQClarke College+(2 day Outdoor Sale)1500 Clarke Dr
DBQ Inc. Shot Tower Inn+(Sunday Sale) 390 Locust St
Aramark Educational Serv. Loras College+(Sunday/Outdoor Sale) 1450 Alta Vista
Patricia Broessel Corner Tap+(Sunday Sale) 2093 Washington
Miller Enterprises Busted Lift+(Sunday/Outdoor Sale) 180 Main St
Tott’s Tap, Inc Tott’s Tap+(Sunday Sale) 3457 Jackson St
Bartinis On Main, Inc Bartinis+(Sunday Sale) 253 Main St
SPECIAL CLASS “C” LIQUOR LICENSE
Chuck-n-Jo’s Chuck-n-Jo’s 890 Iowa St
SPECIAL CLASS “C” LIQUOR LICENSE (5-DAY SPECIAL EVENT)
Music n More Promotions Music n More Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees+(Sunday Sale) Town Clock Plaza
CLASS “B” WINE
Beecher Co. Beecher Beverage 1691 Asbury Rd
nd
TFM Co. Oky Doky# 2 51 W. 32 St
st
TFM Co. Oky Doky# 1 250 W 1 St
Passed, approved and adopted this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as specified, and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors
Motion carried 7-0.
Port of Dubuque Adams Development LLC Special Warranty Deed: City Manager
recommending that a public hearing be set for May 21, 2007, to consider disposing of property
by deed to Port of Dubuque Adams Development, LLC. Upon motion the documents were
received and filed and Resolution No. 253-07 Resolution of Intent to dispose of an interest in
real property by deed to Port of Dubuque Adams Development, LLC was adopted setting a
public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library
Auditorium.
RESOLUTION NO. 253-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED
TO PORT OF DUBUQUE ADAMS DEVELOPMENT, L.L.C.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property): Lot 2-2 in Adams Company’s Fourth Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof; and
WHEREAS, City and Port of Dubuque Adams Development, L.L.C. have entered into a
Development Agreement pursuant to which City will convey the Property to Port of Dubuque
Adams Development, L.L.C.; and
WHEREAS, the City Council has tentatively determined that it would be in the best interests of
City to approve the conveyance of the Property to Port of Dubuque Adams Development
Company, L.L.C., subject to the conditions of the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
16
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to Port of Dubuque Adams Development Company, L.L.C.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
st
intent to dispose of the foregoing-described Property, to be held on the 21 day of May, 2007, at
6:30 o'clock p.m. at the Carnegie Stout Public Library auditorium, 11th & Locust, Dubuque, Iowa.
th
Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
White Water Creek Bridge Relocation Project – Phase III: City Manager recommending
initiation of the public bidding process for the White Water Creek Bridge Relocation Project -
Phase III and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for May 21, 2007. This item was removed from the agenda.
US 52 North Storm Sewer Improvement Project: City Manager recommending initiation of
the public bidding process for the US 52 North Storm Sewer Improvement Project and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for
May 21, 2007. Upon motion the documents were received and filed and Resolution No. 254-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
US 52 North Storm Sewer Improvement Project; Resolution No. 255-07 Setting date of hearing
on plans and specifications, form of contract, and estimated cost for the US 52 North Storm
Sewer Improvement Project; and Resolution No. 256-07 Ordering the advertisement for bids
for the US 52 North Storm Sewer Improvement Project were adopted setting a public hearing
at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium.
RESOLUTION NO. 254-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE US52 NORTH STORM SEWER IMPROVEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the US52
North Storm Sewer Improvement Project, in the estimated amount $310,649.00, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
th
Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 255-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE US52 NORTH STORM SEWER
IMPROVEMENT PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to
the proposed plans, specifications, form of contract, and estimated cost for the US52 North
Storm Sewer Improvement Project (the Project) and ordered the same to be on file in the office
of the City Clerk for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
17
st
That a public hearing will be held on the 21 day of May, 2007, at 6:30 p.m. in the Public
Library Auditorium at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
th
Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 256-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THEUS52 NORTH STORM SEWER
IMPROVEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the US52 North Storm Sewer Improvement Project is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published more than twenty days but not more than forty-five days before the date for filing
st
bids at 2:00 p.m. on the 31 day of May, 2007. Bids shall be opened and read by the City Clerk
at said time and will be submitted to the City Council for final action at the public hearing at
thth
6:30 p.m. on the 18 day of June, 2007, in the Public Library Auditorium, 360 West 11 Street,
Dubuque, Iowa.
th
Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Grand River Center Carpet Replacement Project: City Manager recommending initiation of
the public bidding process for the Grand River Center Carpet Replacement Project and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for
May 21, 2007. Upon motion the documents were received and filed and Resolution No. 257-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
Grand River Center Carpet Replacement Project; Resolution No. 258-07 Setting date of
hearing on plans and specifications, form of contract, and estimated cost for the Grand River
Center Carpet Replacement Project; and Resolution No. 259-07 Ordering the advertisement
for bids for the Grand River Center Carpet Replacement Project were adopted setting a public
hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library
Auditorium.
18
RESOLUTION NO. 257-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE GRAND RIVER CENTER CARPET REPLACEMENT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Grand
River Center Carpet Replacement Project, in the estimated amount of $45,000, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 258-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE GRAND RIVER CENTER CARPET
REPLACEMENT PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to
the proposed plans, specifications, form of contract, and estimated cost for the Grand River
Center Carpet Replacement Project and ordered the same to be on file in the office of the City
Clerk for public inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 21st day of May, 2007, at 6:30 p.m. in the Public
Library Auditorium at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
Passed, adopted and approved this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 259-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE GRAND RIVER CENTER
CARPET REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Grand River Center Carpet Replacement Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
19
published more than twenty days but not more than forty-five days before the date for filing
bids at 2:00 p.m. on the 7th day of June, 2007. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at the City Council
meeting to be held at 6:30 p.m. on the 18th day of June, 2007, in the Public Library Auditorium,
360 West 11th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
L & J Properties Dubuque, LLC Development Agreement: City Manager recommending that
a public hearing be set for June 18, 2007, to consider approval of a Development Agreement
with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque
Technology Park for construction of a 11,255 square foot office building. Upon motion the
documents were received and filed and Resolution No. 260-07 (1) Approving the minimum
requirements, competitive criteria, and offering procedures for the development of certain real
property and improvements in the Dubuque Industrial Center – South Economic Development
Urban Renewal District; (2) Determining that the Development Agreement submitted by L & J
Properties Dubuque, LLC, satisfies the offering requirements with respect to the real property
and improvements and declaring the intent of the City Council to approve the Development
Agreement with L & J Properties Dubuque, LLC, in the event that no competing proposals are
submitted providing for the sale of Lot 1 of 10 Dubuque Technology Park, in the City of
Dubuque, Iowa, as shown on the attached map; and (3) soliciting competing proposals was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on June 18, 2007, in
the Public Library Auditorium.
RESOLUTION NO. 260-07
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE
CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN
REAL PROPERTY AND IMPROVEMENTS IN THE DUBUQUE INDUSTRIAL CENTER-
SOUTH ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT; (2) DETERMINING
THAT THE DEVELOPMENT AGREEMENT SUBMITTED BY L & J PROPERTIES
DUBUQUE, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE
REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY
COUNCIL TO APPROVE THE DEVELOPMENT AGREEMENT WITH L & J PROPERTIES
DUBUQUE, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED
PROVIDING FOR THE SALE OF LOT 1 OF 10 DUBUQUE TECHNOLOGY PARK, IN THE
CITY OF DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED MAP; AND (3) SOLICITING
COMPETING PROPOSALS
.
Whereas, the City Council of Dubuque, Iowa, did on April 7, 1997 adopt an Amended and
Restated Urban Renewal Plan for the Dubuque Industrial Center-South Economic
Development Urban Renewal District (the Plan) for the Urban Renewal Area described therein;
and
Whereas, the Plan provides, among other things, for the disposition of properties for private
development purposes as a proposed economic development action; and
Whereas, L & J Properties Dubuque, LLC (Developer) has submitted to the City a
Development Agreement with a proposal for the purchase of certain real property and
improvements hereinafter described and owned by the City of Dubuque for the construction of
a new office building as described therein (the Development Agreement), together with the
request that this property be made available for purchase as rapidly as possible; and
20
Whereas, the Development Agreement provides, among other things, for the sale to
Developer of the real estate described as Lot 1 of 10 Dubuque Technology Park, in the City of
Dubuque, Iowa, as shown on the attached map, subject to easements and restrictions of
record (the Property); and
Whereas, in order to establish reasonably competitive bidding procedures for the disposition
of the Property in accordance with the statutory requirements of Iowa Code Chapter 403,
specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all
developers interested in submitting a proposal, a summary of submission requirements and
minimum requirements and competitive criteria for the property offering is included herein; and
Whereas, the Development Agreement is on file in the City Clerk’s office; and
Whereas, to recognize both the firm proposal for renovation of the Property and construction
of additional buildings, as described above, and to give full and fair opportunity to other
developers interested in submitting a proposal for the use of the property, the City Council
should by this Resolution:
1) Set the fair market value of the Property for uses in accordance with the Plan;
2) Approve the minimum requirements and competitive criteria included herein;
3) Approve as to form the Development Agreement on file in the City Clerk’s office;
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum
requirements of the offering, and that in the event no other qualified proposal is
timely submitted, that the City Council intends to approve such proposal and
authorize the City Manager to sign the Development Agreement; and direct
publication of notice of said intent;
6) Approve and direct publication of a notice to advise any other person of the
opportunity to compete for purchase of the Property and improvements on the terms
and conditions set forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and
accepted, another and future notice will be published on the intent of the City to
enter into the resulting contract, as required by law; and
Whereas, the City Council believes it is in the best interest of the City and the Plan to act as
expeditiously as possible to sell the Property as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Property described as Lot 1 of 10 Dubuque Technology Park, in the
City of Dubuque, Iowa, as shown on the attached map, subject to easements and restrictions
of record (“the Property”) shall be offered for sale in accordance with the terms and conditions
contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration for selection,
any person must submit a proposal which meets these minimum requirements:
a) Contains an agreement to purchase the Property at not less than fair market value
established herein;
b) Contains a commitment to purchase the Property for uses allowed in the Dubuque
Technology Park;
c) Sets out or provides to the satisfaction of the City Council the experience of the
principals and key staff who are directly engaged in performance of contract
obligations in carrying out projects of similar scale and character; and
d) Meets, at a minimum, the terms and conditions of the Development Agreement
submitted by the Developer including an agreement to construct an office building at
a total project cost of approximately $900,000.
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Section 3. That the Development Agreement by and between the City and the Developer be
and is hereby approved as to form for the purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for sale, said
Development Agreement shall be deemed to be illustrative of the terms acceptable to the City
with respect to:
a) Purchase price;
b) Construction of minimum improvements within a timely matter;
c) City participation;
d) Developer obligations; and
e) General terms and conditions
Section 5. That the Development Agreement submitted by the Developer satisfies the
requirements of the offering and, in the event that no other qualified proposals are timely
submitted that the City Council intends to accept and approve the Development Agreement
and sale of the Property.
Section 6. That it is hereby determined that the Developer possesses the qualifications,
financial resources and legal ability necessary to purchase the Property and to manage and
operate the Property in the manner proposed by this offering in accordance with the Plan.
Section 7. That the purchase price for the Property offered by the Developer is hereby found
and determined to be the fair market value of the interest being conveyed.
Section 8. That the City Clerk shall receive and retain for public examination the attached
Development Agreement submitted by the Developer and, in the event no other qualified
proposals are timely submitted, shall resubmit the Development Agreement to the City
Council for final approval and execution upon expiration of the notice hereinafter prescribed.
Section 9. That the action of the City Council be considered to be and does hereby
constitute notice to all concerned of the intention of this Council, in the event that no other
qualified proposals are timely submitted, to accept the proposal of the Developer to purchase
the Property and to approve the Development Agreement by and between City and Developer.
Section 10. That the official notice of this offering and of the intent of the City, in the event
no other qualified proposals are timely submitted, to approve the Development Agreement,
shall be a true copy of this Resolution, but without the attachments referred to herein, except
Exhibit B.
Section 11. That the City Clerk is authorized and directed to secure immediate publication of
said official notice in the Telegraph Herald, a newspaper having a general circulation in the
community, by publication of the text of this Resolution without attachments referred to herein,
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except Exhibit B, on or before the 11 day of May, 2007.
Section 12. That written proposals for the purchase of the Property will be received by the
City Clerk at or before 10:00 a.m., June 13, 2007 in the Office of the City Clerk, located on the
first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on June 13, 2007. Said proposals will then be presented to
the City Council at 6:30 p.m., June 18, 2007, at a meeting to be held in the Auditorium of the
Carnegie-Stout Public Library, Dubuque, Iowa.
Section 13. That such offering shall be in substantial conformance with the provisions of
Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby
prescribed, which method is hereby determined to be the appropriate method for making the
Property available for sale.
Section 14. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City
of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to
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the procedure hereinabove specified for receipt of such proposals and to proceed at such time
to formally acknowledge receipt of each of such proposals by noting the receipt of same in the
Minutes of the Council; that the City Manager is hereby authorized and directed to make
preliminary analysis of each such proposal for compliance with the minimum requirements
established by this Council hereinabove. For each proposal that satisfies these requirements,
the City Council shall judge the strength of the proposal by the competitive criteria established
hereinabove. The City Council shall then make the final evaluation and selection of the
proposals.
Section 16. That in the event another qualified proposal is timely submitted and accepted by
the City, another and further notice shall be published of the intent of the City of Dubuque,
Iowa, to enter into the resulting agreement, as required by law.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider. City Clerk
McGraw Hill Parking Lot: City Manager recommending that a public hearing be set for May
21, 2007, to consider approval of a permanent construction easement granted by Interstate
Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and
an indemnification agreement between the City and McGraw Hill. Upon motion the documents
were received and filed setting public hearing for a meeting to commence at 6:30 p.m. on May
21, 2007, in the Public Library Auditorium.
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their desire to serve on the
following Boards/Commissions: Arts and Cultural Affairs Advisory (Four 3-year “Arts” terms
through June 30, 2010 – Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine
Goodman, 505 English Lane; Tom Goodman, 3055 Powers Court; Paul Hemmer, 2375
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Simpson Street; Louise Kames, 201 W. 17 Street; Paul Kohl, 50 Lindberg Terrace; Ioana
Mamali, 700 Lowell Street; Gene Perry, 1510 Kehl Court; Susan Riedel, 282 Kelly’s Bluff; Julie
Steffen, 2260 Coates Street; John Woodin, 725 Laurel Street. Applicants C. Goodman,
Kames, Kohl, Steffen, Mamali, and Woodin spoke in support of their appointments.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the Council.
PUBLIC HEARINGS
Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider
the second amendment to the Fiscal Year 2007 operating budget and City Manager
recommending approval. Motion by Cline to receive and file the documents and adopt
Resolution No. 261-07 Amending the Fiscal Year 2007 budget. Seconded by Jones. Motion
carried 7-0.
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RESOLUTION NO. 261-07
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 2 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public
Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Monday, May 7, 2007, beginning
at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 7 day of May 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Outdoor Plaza – Phase I Project: Proof of publication on notice of hearing
to consider adoption of the plans and specifications, form of contract, and estimated cost for
the Port of Dubuque Outdoor Plaza – Phase I Project and City Manager recommending
approval and award of the contract to Nauman Nursery in the amount of $283,000. Motion by
Cline to receive and file the documents and adopt Resolution No. 262-07 Approving the plans
and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza
– Phase I Project, and Resolution No. 263-07 Awarding public improvement contract for the
Port of Dubuque Outdoor Plaza – Phase I Project to Nauman Nursery. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 262-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE PORT OF DUBUQUE OUTDOOR PLAZA – PHASE I PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Port of
Dubuque Outdoor Plaza – Phase I Project, in the estimated amount $283,000.00, are hereby
approved.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 263-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE
OUTDOOR PLAZA – PHASE I
Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque
Outdoor Plaza – Phase I Project (the Project) pursuant to Resolution No. 189-07 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 3 and 6
days of April, 2007.
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Whereas, said sealed proposals were opened and read on the 25 day of April, 2007, and it
has been determined that Nauman Nursery of Dubuque, Iowa, with a bid in the amount of
$283,000.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Nauman Nursery
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting:
Proof of publication on notice of hearing to consider adoption of the plans and specifications,
form of contract, and estimated cost for the White Water Creek Bridge Relocation Project
Phase II – Lead Paint Removal, Cleaning and Painting and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 264-
07 Approving plans and specifications, form of contract, and estimated cost for the White
Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 264-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THEHISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT,
PHASE II - LEAD PAINT REMOVAL, CLEANING AND PAINTING
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Historic
White Water Creek Bridge Relocation Project, Phase II - Lead Paint Removal, Cleaning and
Painting, in the estimated amount $30,800, are hereby approved.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Rush Street Reconstruction Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications, form of contract, and estimated cost for the Rush
Street Reconstruction Project and City Manager recommending approval. City Manager
submitting information in response to a request from Daniel D. and Millie Boge, 333 Villa
Street, requesting that the City Council exempt their property from the directive requiring
installation of a sidewalk when replacing a street and recommending that the sidewalk be
required and that no retaining wall be built at this time. Motion by Cline to receive and file the
documents and adopt Resolution No. 265-07 Approving plans and specifications, form of
contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 266-07
With respect to the adoption of the Resolution of Necessity proposed for the Rush Street
Reconstruction project – Bryant Street to Villa Street; and Resolution No. 267-07 Approving
schedule of assessments and estimate of total cost for the Rush Street Reconstruction project
– Bryant Street to Villa Street. Seconded by Connors. Motion carried 7-0.
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RESOLUTION NO. 265-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO
VILLA STREET
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Rush
Street Reconstruction Project – Bryant Street to Villa Street, in the estimated amount
$2,172,625.99, are hereby approved.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 266-07
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE RUSH STREET RECONSTRUCTION PROJECT –
BRYANT STREET TO VILLA STREET
Whereas, the City Council has proposed a Resolution of Necessity for the Rush Street
Reconstruction Project – Bryant Street to Villa Street has given notice of the public hearing
thereon as required by law; and
Whereas, the public hearing has been held, all persons offering objections have been heard
and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby:
X Adopted, without amendment, and all objections filed or made having been duly
considered are overruled.
Adopted as amended by the Preliminary Schedule of Assessments attached hereto as
Exhibit A, and made a part hereof by reference. All objections filed or made having been
duly considered are overruled.
Deferred for later consideration to a City Council meeting to be held on the _____ day of
, 2007, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for
further consideration and action at the adjourned meeting.
Abandoned.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 267-07
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR
THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA
STREET
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the Rush
Street Reconstruction Project – Bryant Street to Villa Street are hereby approved.
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Passed, approved and adopted this 7 day of May, 2007.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Asbury Plaza Area Wastewater Pumping Facilities Project: Proof of publication on notice of
hearing to consider adoption of the plans and specifications, form of contract, and estimated
cost for the Asbury Plaza Area Wastewater Pumping Facilities Project and City Manager
recommending approval. Motion by Michalski to receive and file the documents and adopt
Resolution No. 268-07 Approving plans and specifications, form of contract, and estimated
cost for the Asbury Plaza Area Wastewater Pumping Facilities Project. Seconded by Braig.
Motion carried 7-0.
RESOLUTION NO. 268-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THEASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES 2007
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Asbury
Plaza Area Wastewater Pumping Facilities 2007 Project, in the estimated amount $1,000,470,
are hereby approved.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: Proof of
publication on notice of hearing to consider adoption of the plans and specifications, form of
contract, and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II and City Manager recommending approval. Motion by Cline to receive and
file the documents and adopt Resolution No. 269-07 Approving plans and specifications, form
of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II. Seconded by Jones. Motion Carried 7-0.
RESOLUTION NO. 269-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THEUS 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS
PROJECT – PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION
SYSTEM IMPROVEMENTS (IOWA DOT PROJECT NO. STP-A-020-9(187)--2-31)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the US 20
(Devon Drive to Menards) Capacity Improvements Project – Phase II, Traffic Signal and
Intelligent Transportation System Improvements, Iowa DOT Project No. STP-A-020-9(187)--
22-31, in the estimated amount $331,430.00, are hereby approved.
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Passed, adopted and approved this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski, Dubuque Area Chamber
of Commerce Convention and Visitors Bureau presented the Convention and Visitors Bureau
Quarterly Report. Motion by Cline to receive and file. Seconded by Connors. Motion carried 7-
0.
John F. Kennedy Road Sidewalk Installation: City Manager recommending that if the City
Council requires the installation of sidewalks along John F. Kennedy Road, that the property
owners be given the opportunity to construct said sidewalks prior to August 31, 2007, and after
that date, a special assessment project be presented to the City Council to complete the
sidewalk construction on the remaining parcels in the corridor.
Petition from property owners in opposition to the placement of sidewalks on the east side
of John F. Kennedy Road.
Motion by Michalski to receive and file the documents and refer to the City Manager for
preliminary study. Seconded by Jones. Braig said that there is a definite need for sidewalks but
was in favor of exempting the east side of JFK from Asbury to Kaufman and recognized the
hardship in maintaining sidewalks. She felt a deadline of August 31 was too soon, and she
wanted to see the cost and inconvenience to property owners as well as protect them from
unreasonable costs. Connors has heard from citizens on the northerly end of JFK regarding
problems with keeping those sidewalks clear. She believes making an exception here will
jeopardize the City’s credibility with other sidewalk installations and open the door to more
exceptions. Michalski said that some blocks have been exempted and things have changed
over seven years when the Council voted it down in 1999. She did not have a problem with
exempting the area. She questioned if there was enough space on the east side of JFK from
Asbury to Kaufmann for a sidewalk. There are arguments for both sides and the City has
already made exceptions by not requiring sidewalks. Cline asked who is responsible for
clearing sidewalks on JFK. Sidewalks would encourage people to use the west end. Buol said
the school children have a paved walking path, but he doesn’t see foot traffic. Jones said
maintenance is not workable and it is fool hardy to develop plans if the project is not going
forward. The City should look at a pedestrian safety plan. Sidewalk installation would put an
unreasonable burden on citizens. The City should place crosswalks where necessary and
sidewalks where feasible. Lynch was opposed to sidewalk installation, and there are no
compelling arguments to support it. He expressed concern over exempting one block and the
hardship on citizens. Van Milligen said that the maintenance responsibility lies with the abutting
property owner. City Engineer Psihoyos said a design could be done, but the major
cost/problem was the maintenance. This area was considered for sidewalks in 1999. Motion
carried 4-3 with Buol, Cline and Lynch voting nay.
Millworking District National Register of Historic Places Nomination (Tabled on April 2,
2007): City Manager recommending approval of the nomination of the proposed Millworking
Historic District to the National Register of Historic Places. Motion by Michalski to remove from
table. Seconded by Connors. Motion carried 7-0. Motion by Connors to receive and file the
documents and approve the recommendation. Motion carried 7-0.
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Pet Park: City Manager submitting remedial steps for the Grandview Avenue Pet Park.
Motion by Cline to receive and file the communications and petition and to proceed with the
City Manager’s recommendations. Seconded by Connors. Lynch recommended limiting the
hours, modifying the fencing, and continue looking for another site. Michalski was in favor of
trying the recommended remedial steps. Braig said that a one-hour change in hours would not
make a difference unless adjusted according to the season. Although she has respect for the
neighbors, the dogs in the general neighborhood also bark. Cline was in favor of changing the
hours. Jones said that the suggested changes were all viable solutions and should be tried
before opting to close the park. Motion carried 6-1 with Braig voting nay.
HRDP Grant Application for Downtown Dubuque Design Guidelines: City Manager
recommending approval of a $25,000 State Historical Society of Iowa Historic Resource
Development Program (HRDP) grant application for the Downtown Dubuque Design
Guidelines. Motion by Cline to receive and file the documents and adopt Resolution No. 270-
07 Approving submittal of an HRDP grant application funds to the State Historical Society of
Iowa for Downtown Dubuque Design Guidelines. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 270-07
RESOLUTION APPROVING SUBMITTAL OF AN HRDP GRANT APPLICATION FUNDS TO
THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN
GUIDELINES.
Whereas, the State Historical Society of Iowa has Historic Resource Development Program
(HRDP) grant funds available for the preservation and interpretation of Iowa’s historic and
cultural resources; and
Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and
objectives for the preservation and interpretation of the community’s historic and cultural
resources ; and
Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and
implementation of the plan includes the creation of design guidelines for the downtown.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services Manager is authorized to sign and submit this
application to the State Historical Society of Iowa for HRDP Grant Funds for the Downtown
Dubuque Design Guidelines.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal
requirements applicable to the proposed budget.
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Passed, approved and adopted this 7 day of May 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Genuine Genius Solutions: City Manager recommending approval of submission of an
Entrepreneurial Ventures Assistance (EVA) program application to the Iowa Department of
Economic Development on behalf of Genuine Genius Solutions, LLC. Motion by Connors to
receive and file the documents and adopt Resolution No. 271-07 Authorizing the filing of an
Entrepreneurial Ventures Assistance (EVA) application of behalf of Genuine Genius Solutions,
LLC. Seconded by Jones. Lynch said this is a fantastic opportunity. Motion carried 7-0.
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RESOLUTION NO. 271-07
RESOLUTION AUTHORIZING THE FILING OF AN ENTREPRENEURIAL VENTURES
ASSISTANCE (EVA) APPLICATION ON BEHALF OF GENUINE GENIUS SOLUTIONS,
LLC
Whereas, Genuine Genius Solutions, LLC has proposed to relocate and expand its
operation to Dubuque; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the creation
of 13 new jobs in the first year for area residents; and
Whereas, the Iowa Department of Economic Development's Entrepreneurial Ventures
Assistance (EVA) was designed to assist in the economic development efforts of local
jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Entrepreneurial
Ventures Assistance (EVA) program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the Iowa Entrepreneurial
Ventures Assistance (EVA) program on behalf of Genuine Genius Solutions, LLC is approved.
Section 2. That the local match as identified in the application is hereby approved, subject to
the EVA application approval.
Section 3. That the Mayor is hereby authorized to execute, and the City Manager is hereby
directed to submit said application to the State of Iowa Economic Development Commission
together with such documents as may be required.
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Passed, approved, and adopted this 7 day of May, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Western Dubuque BIODIESEL: City Manager recommending approval of an agreement with
Western Dubuque BIODIESEL to discharge waste from its facility to the sanitary sewer system
at the City of Dubuque. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Michalski. Motion carried 7-0.
Sign at Fifth and White Streets: City Manager recommending approval of the revised design
for the Port of Dubuque sign at Fifth and White Streets providing one monument sign instead
of the larger sign with three flag poles. Motion by Michalski to receive and file the documents
and approve the recommendation. Seconded by Jones. Motion carried 7-0.
Port of Dubuque Design Review – Port of Dubuque Parking Ramp: City Manager requesting
City Council input regarding the design of the Port of Dubuque Public Parking Facility. Motion
by Cline to receive and file the documents and approve the design. Seconded by Connors.
Michalski asked if a bus waiting area would be included. Van Milligen said there are plans for
an intermodal facility, but it is not part of this plan. A separate grant for that project has been
submitted. Michalski expressed concern over losing the site for such a facility if the City does
not receive the grant. Jones commended the subcommittee for doing a good job. Connors
concurred with the committee’s recommendation. Motion carried 7-0.
School Physical Plant and Equipment Levy Tax Increment Financing: City Manager
recommending approval that beginning in Fiscal Year 2009, the City of Dubuque ceases to
collect the PPEL levy from the Dubuque Community School District for Dubuque Industrial
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Tech Park South and Kerper Boulevard Industrial Park. Motion by Cline to receive and file the
documents and approve the recommendation. Seconded by Lynch. Michalski asked if the
school has been notified. Van Milligen said it had and that this will increase the schools PPEL
funding by $25,000. Motion carried 7-0.
Grandview Gallop: City Manager submitting an application from the Mississippi Valley
Running Association to hold a June 16, 2007, four mile run/walk that includes a partial closure
of Grandview Avenue for City Council review and direction. Motion by Cline to receive and file
the documents and approve the application. Seconded by Lynch. Motion carried 7-0.
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City of Dubuque 175 Anniversary Celebration Committee: City Manager recommending
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approval of the creation of the 175 Anniversary Celebration Committee. Motion by Lynch to
receive and file the documents and approve the recommendation. Seconded by Cline. Motion
carried 7-0.
National League of Cities – Appointments: Communication from the National League of
Cities appointing City Council Member Ann Michalski to the 2007 Human Development
Steering Committee.
Communication from Christopher Hoene, National League of Cities, appointing City Council
Member Ann Michalski to the City Futures Panel on Democratic Governance for the National
League of Cities.
Communication from Alice Walkup, National League of Cities, appointing City Council
Member Ann Michalski as a University Communities Council Member. Motion by Cline to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
(None)
PUBLIC INPUT
Greg Walsh, 1295 North Booth Street, expressed his thoughts on the Council’s compliance
with the Open Meetings Law and Chapter 21.2 – Sec. 2 of the Iowa State Code.
There being no further business, upon motion the Council adjourned at 9:05 p.m.
/s/ Jeanne Schneider, CMC
City Clerk
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